Need help with wording on legal document!!!! lol

[huntinggamo]

Back in 2007 i was arrested and charged with a crime that was later dismissed, also i was arrested on violating a restraining order that never existed, spent a night in jail charges were never filed so their is no court record just an arrest record... i know shitty right...(cant you tell im a horrible person already.)

anyways long story short i am filling a petition to have those records sealed.

the part im having trouble with is the section where it sais "the petitioner further shows the court that the harm to petitioners privacy, or the danger of unwarranted adverse consequences, outweighs the public interest in retaining the record. Explain?"

what im wanting to say is that im concerned about it affecting my current job and future jobs that i may try to get... im military and hold a clearance so that might be one angle, any sugestions on how i should word this?

 

[ORD]

Re: Need help with wording on legal document!!!! lol

First off...you want everything enpunged (not sealed). Sealing them basically means that they still exist for all intents and purposes, but are protected from disclosure and ONLY available for view under certain extremely limited circumstances (circumstances vary by jurisdiction). Expunged means destroyed, removed, like they never existed.

Second...if this is that much of a concern for you, please do yourself a favor and hire an attorney in the jurisdiction where you are seeking to have the records expunged! I know you want to do this yourself, save money, etc., but the old saying that "a client who represents himself has a fool for an attorney" is ABSOLUTELY TRUE!! If you want this done, and want it done right...hire a professional to do it for you. It will be some of the best money you'll ever spend and it shouldn't cost you a fortune to have it done by an attorney.

 

[gugubica]

Re: Need help with wording on legal document!!!! lol

Do a search for Grahams rule number one.

Follow the advice above.

If your records are sealed, the first time ANYONE unseals them, they again become public...military clearance investigation will unseal them and they will stay that way, ask me how I know...huge pain in the ass.

 

[huntinggamo]

Re: Need help with wording on legal document!!!! lol

i have an apt to do a consult with a lawyer monday, we'll see how that goes... any idea of the cost on having this done?

 

[ORD]

Re: Need help with wording on legal document!!!! lol

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Matt M.</div><div class="ubbcode-body">i have an apt to do a consult with a lawyer monday, we'll see how that goes... any idea of the cost on having this done? </div></div>

That will depend largely on how much the attorney (hopefully an attorney who deals primarily with criminal law) charges you (either flat rate or hourly), and how much your attorney racks up in incidental costs/expenses like court filing costs (bank on between $100 and $250), copying, obtaining documents and things from the criminal case(s) involved in the expungement, faxing/LD charges (if any), etc. Many attorneys for things like this charge a set, flat fee for the entire process (i.e. - $1500 for an expungement, incl. the attorney's fees, costs, expenses, etc.), while others will charge you hourly, plus expenses. The amount of time involved (if paying hourly) will vary greatly by the nature of the criminal charges/circumstances re: the expungement and if there are any "hiccups" along the way. If you get an attorney who charges hourly, be advised that they will most likely demand a retainer before they do any work. You pay, lets say $1000 up front as a retainer. The attorney will work from that retainer, taking money from it as he/she incurrs expenses/costs and charges for the hourly time (billed in 0.10hr or 0.25hr increments). If they complete your case and you have money left over, they'll refund the remaining portion of your retainer. If you exceed that amount, they may ask for an additional retainer or put you on a monthly billing cycle. You should ask all of these questions up front and if you are dealing with anyone worth dealing with, they should have no problem telling you honestly. Be advised that no matter what, it is very difficult if not impossible to tell you exactly how much it will cost you unless the attorney charges a set, flat rate. Also, you'll receive an engagement letter from the attorney outlining all this in detail if you retain them to serve as your counsel. Sorry...long-winded response without really answering your original question. I would budget for $1500 and hope that you can get it done cheaper (maybe even considerably cheaper) but understand that it may be more. Any way you look at it, it is a small price to pay to have the record expunged!